Landlord Wins Eviction Case Against Non-Paying Tenant in Brampton: Liu v Tomin 2021
Brampton landlord awarded $35000 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 10 Dayspring Circle, Brampton, ON L6P1B9
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2020
Hearing Date
Jul 2021
Order Date
Oct 19, 2021
Tenancy End Date
Oct 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after the Tenant failed to meet the conditions specified in a previous Board Order.
Determinations
- Landlord can apply under section 78 of the Act to terminate tenancy and evict Tenant without notice if Tenant fails to meet conditions in previous order
- Amount owing under previous order is $31,144.64, plus additional $14,788.96 in unpaid rent from January 1, 2021 to April 1, 2021
- Landlord agrees to attorn to Board's $35,000 monetary jurisdiction
- Tenant attempted to pay May 2021 rent but payment was refused, and no other payments made
- Tenant requested time until July 14, 2021 to pay $12,500, but did not meet conditions of previous order
Case Study
The Tenant has not met the conditions specified in the previous Board Order, including failing to make the required arrears payments and monthly rent payments. The Landlord is entitled to request an order for the payment of arrears of rent and compensation.
Arguments and Actions
Tenant
Arguments
Tenant submitted she needs until July 14, 2021 to pay $12,500 from tax work for clients.
Actions
Tenant attempted to pay May 2021 rent but payment was refused by Landlord. Tenant confirmed she made no other rent or arrears payments.
Decision Summary
The tenancy is terminated effective October 30, 2021. The Tenant must pay the Landlord $35,000 plus $121.55 per day starting October 20, 2021 until the Tenant vacates the unit. If the Tenant does not pay the full amount by October 30, 2021, the Tenant will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$3,697
Rent Arrears
$45,934
Total Owing
$35,000 (Owed to Landlord)
Source
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